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I plan on getting the residecy process started before the 6 month period rquired. My question is while the residency process is started will I have to leave Costa Rica every 90 days? If that is the case I will have to spend 6 months out of the country. Once the residency process is being process will I be able to stay in country without having to leave. I am retaining a Costa Rican Attorney. Guess this something I should ask him.
I went to Costa Rica on October 24 and participated in the ARCR seminar on the 25th and 26th. I had with me my apostille endorsed birth certificate from Indiana Secretary of States and the police report from Portland, notarized by their Oregon notary and then sent to the Oregon Secretary of State’s apostille endorsement also.
The only thing I was lacking was my Social Security notarized letter from the US Embassy in San Jose which I got the morning of October 29 in a twenty minute visit with an appointment I received earlier in October with an email exchange with them. I was also taken to the police department somewhere in San Jose by a lawyer for ARCR, given permission to get in the queue and was fingerprinted in about a half an hour and was done but the filing.
So Tuesday, November 27, ARCR filed my application with Immigration and then sent me by email a PDF of the notarized receipt and file by Immigration. Now I can enter Costa Rica with on that document and not have to get a tourist visa when I move in September next year.
I think once you have filed, maybe have your receipt in hand from Immigration, you can leave the country and return back into the country on that document you have received as receipt for your filing. I think the trick will be not to be late on leaving the country on the 90th day.
Maybe others here can explain that part better then I can, since I have always gotten tourist visas and never over stayed my 90th day.
Tom
Portland, Oregon[b]Cancertomnpdx [/b]”[i]So Tuesday, November 27, ARCR filed my application with Immigration and then sent me by email a PDF of the notarized receipt and file by Immigration. Now I can enter Costa Rica with on that document and not have to get a tourist visa when I move in September next year.[/i]” [b]This is[b] not what you need[/b] to avoid having leave to avoid to renew your tourist visa…[/b] but by next September, you [b]should [/b]have it…
[b]ddspell12 [/b] Until you have the proper paperwork, which will take a few months or more saying your application has been [b]approved[/b] you have to exit CR within this 90 day period. You may choose to go to Panama or Nicaragua for the day to renew your tourist visa but be prepared to do this 2, 3 times or even more as some forum members can attest too.
I don’t understand why you think you need to leave for 6 months, though.First, there is no legal requirement to be out of the country for six months either once your 90-day tourist visa expires or once you have filed your application for legal residency. Take that six-month thing out of the picture.
Once you have all the required documents, your attorney will submit them to Immigration for processing. Shortly thereafter, Immigration will send your attorney a letter which says that your application is [u]complete and can be acted upon[/u], and they’ll assign a file number. It’s not approved yet; it’s just acknowledged to be complete and actionable.
The law requires Immigration to act on your application within three months, but they rarely hit that target, so historically the [u]practice[/u] has been that, once you have that letter from Immigration, the 90-day tourist visa is no longer enforced. Since it’s their fault, not yours, that your residency application hasn’t been acted upon, they have not required you to leave the country and re-enter to receive a new tourist visa.
[b]BUT[/b], that has been their [u]administrative practice only[/u]. It’s not pursuant to any provision of any law. In fact, they have no legal authority to waive the requirement to obtain a new visa.
Immigration looks very negatively on violations of the visa restrictions (overstaying your visa, that is). If you overstay your tourist visa while they’re processing your residency application, there’s a chance it could complicate your relationship with them and that is not in your best interest. Don’t stir things up!
The safest approach, therefore, is to have your documents submitted to Immigration as early as possible and to leave the country before the end of your current tourist visa if only long enough to get a new one.
It’s also important to know that Immigration is beginning to crack down on “perpetual tourists” who leave and re-enter time after time just to get a new 90-day visa. Some of them, those who cannot show that letter from Immigration that says their residency application is in process, are being given tourist visas of as few as five days.
Immigration is going to do what Immigration is going to do. There is no practical avenue of appeal from their decisions, so the safest approach is to play it conservatively.
[quote=”DavidCMurray”]The safest approach, therefore, is to have your documents submitted to Immigration as early as possible and to leave the country before the end of your current tourist visa if only long enough to get a new one.
It’s also important to know that Immigration is beginning to crack down on “perpetual tourists” who leave and re-enter time after time just to get a new 90-day visa. Some of them, those who cannot show that letter from Immigration that says their residency application is in process, are being given tourist visas of as few as five days.
Immigration is going to do what Immigration is going to do. There is no practical avenue of appeal from their decisions, so the safest approach is to play it conservatively.[/quote]
Immigration accepted my documents in August 2008 and I didn’t get approved until May 2010.
In dealing with the office of Controloria (ombudsman) I found that Migracion (at the time) did not require me to leave Costa Rica once I had my Expediente in hand. COSEVI did require that I obtain a Costa Rican drivers license within the 90 days. With my Expediente and drivers license on my person at all times I was no longer needed to leave Costa Rica.
This may not be true anymore. Migracion seems to change:shock: the requirements about every ten days.
Best bet is to seek out the advice of the persons in the Office de Controloria at Migracion. They can give you the latest information.
Our immigration lawyer just filed our docs also and explained we do not have to leave CR when our 90 days expire as we are in the process train.
Some conflicting views for sure again.
In the article published Monday, about the [url=http://www.amcostarica.com/monday.htm ]’Multiple raids target prostitution, sex slavery and criminality'[/url] in part it reported “They also noted that a new and tougher immigration law has been approved but not yet published in the La Gaceta official newspaper.”
Seems there will be changes, again.
From what I’ve read & also from what my attorney told us when we went through the rentista process, you don’t have to leave if you have your comprobante which shows your application was submitted and accepted as complete & you’ve been assigned an expediente number.
However, the sticking point is if you want to legally drive during the time you’re in process for residency. With the new regulations, you cannot get a CR driver’s license until you have your cedula. Your license from your country of origin is only good for 90 days. So, the only way to drive legally is to leave every 90 days to renew your entry date & keep your foreign license valid.
Jessica
[quote=”pebo1″]Our immigration lawyer just filed our docs also and explained we do not have to leave CR when our 90 days expire as we are in the process train.
Some conflicting views for sure again.[/quote]
Make sure that you carry your Expediente document with you at all times until you get your Cedula.
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